CROSS RIVER STATE (SENTENCING GUIDELINES FOR OFFENCES AGAINST THE STATE, PERSON, PUBLIC ORDER, MORALITY, HOMICIDE, PROPERTY AND CORRUPTION) PRACTICE DIRECTION (2016)


 Rules in ORDER 1 – APPLICABILITY, OBJECTIVE, GUIDING PRINCIPLES AND ESTABLISHED PROCEDURAL STEPS
RULE 1 – APPLICABILITY
RULE 2 – OBJECTIVE AND GUIDING PRINCIPLES
RULE 3 – PROCEDURAL STEPS

 Rules in ORDER 2 – OFFENCES AGAINST THE STATE
RULE 4 – DETERMINATION OF STATUTORY EXERCISE OF DISCRETION (STEP ONE DISCRETIONARY AND NON-DISCRETIONARY PUNISHMENT)
RULE 5 – CULPABILITY CATEGORIES FOR OFFENCES AGAINST THE STATE (STEP TWO CULPABILITY AND HARM CATEGORIES)
RULE 6 – HARM CATEGORIES FOR OFFENCES AGAINST THE STATE
RULE 7 – STARTING POINT AND CATEGORY RANGE
RULE 8 – AGGRAVATING AND MITIGATING FACTORS FOR OFFENCES AGAINST THE STATE
RULE 9 – POTENTIAL REDUCTION OF SENTENCE (STEP FIVE GUILTY PLEA )
RULE 10 – MULTIPLE OFFENCES, SERVING, CONCURRENT OR CONSECUTIVE SENTENCE (STEP SIX TOTALITY PRINCIPLE)
RULE 11 – COMPENSATION, RESTITUTION AND RESTORATION ( STEP SEVEN COMPENSATION, RESTITUTION, RESTORATION AND ANCILLARY ORDERS)
RULE 12 – CONSIDERATION OF PERIOD SPENT IN CUSTODY (STEP EIGHT TIME SPENT IN REMAND )

  The period spent in prison custody while awaiting or undergoing trial shall be considered and computed in sentencing the convict.

RULE 13 – REASONS FOR SENTENCE (STEP NINE REASONS)

 Rules in ORDER 3 – OFFENCES AGAINST PERSON
RULE 14 – DETERMINATION OF STATUTORY EXERCISE OF DISCRETION (STEP ONE DISCRETIONARY AND NON-DISCRETIONARY PUNISHMENT)
RULE 15 – CULPABILITY CATEGORIES FOR OFFENCES AGAINST PERSON ( STEP TWO CULPABILITY AND HARM CATEGORIES)
RULE 16 – HARM CATEGORIES FOR OFFENCES AGAINST PERSON
RULE 17 – STARTING POINT AND CATEGORY RANGE (STEP THREE STARTING POINT AND CATEGORY RANGE)
RULE 18 – AGGRAVATING AND MITIGATING FACTORS FOR OFFENCE AGAINST PERSON (STEP FOUR AGGRAVATING AND MITIGATING FACTORS)
RULE 19 – POTENTIAL REDUCTION OF SENTENCE (STEP FIVE GUILTY PLEA )
RULE 20 – MULTIPLE OFFENCES, SERVING, CONCURRENT OR CONSECUTIVE SENTENCE (STEP SIX TOTALITY PRINCIPLE)
RULE 21 – COMPENSATION, RESTITUTION AND RESTORATION (STEP SEVEN COMPENSATION, RESTITUTION, RESTORATION AND ANCILLARY ORDERS)
RULE 22 – CONSIDERATION OF PERIOD SPENT IN CUSTODY (STEP EIGHT TIME SPENT IN REMAND )
RULE 23 – REASONS FOR SENTENCE (STEP NINE REASONS)

 Rules in ORDER 4 – OFFENCES AGAINST PUBLIC ORDER
RULE 24 – DETERMINATION OF STATUTORY EXERCISE OF DISCRETION (STEP ONE DISCRETIONARY AND NON-DISCRETIONARY PUNISHMENT)
RULE 25 – CULPABILITY CATEGORIES FOR OFFENCES AGAINST PUBLIC ORDER (STEP TWO CULPABILITY AND HARM CATEGORIES)
RULE 26 – HARM CATEGORIES FOR OFFENCE AGAINST PUBLIC ORDER
RULE 27 – STARTING POINT AND CATEGORY RANGE (STARTING POINT AND CATEGORY RANGE)
RULE 28 – AGGRAVATING AND MITIGATING FACTORS FOR OFFENCE AGAINST PUBLIC ORDER (STEP FOUR AGGRAVATING AND MITIGATING FACTORS)
RULE 29 – POTENTIAL REDUCTION OF SENTENCE (STEP FIVE GUILTY PLEA )
RULE 30 – MULTIPLE OFFENCES, SERVING, CONCURRENT OR CONSECUTIVE SENTENCE (STEP SIX TOTALITY PRINCIPLE)
RULE 31 – COMPENSATION, RESTITUTION AND RESTORATION (STEP SEVEN COMPENSATION, RESTITUTION, RESTORATION AND ANCILLARY ORDERS)
RULE 32 – CONSIDERATION OF PERIOD SPENT IN CUSTODY (STEP EIGHT TIME SPENT IN REMAND)
RULE 33 – REASONS FOR SENTENCE (STEP NINE REASONS)

 Rules in ORDER 5 – OFFENCES AGAINST MORALITY
RULE 34 – DETERMINATION OF STATUTORY EXERCISE OF DISCRETION (STEP ONE DISCRETIONARY AND NON-DISCRETIONARY PUNISHMENT)
RULE 35 – CULPABILITY CATEGORIES FOR OFFENCES AGAINST MORALITY (STEP TWO CULPABILITY AND HARM CATEGORIES)
RULE 36 – HARM CATEGORIES FOR OFFENCES AGAINST MORALITY
RULE 37 – STARTING POINT AND CATEGORY RANGE (STEP THREE STARTING POINT AND CATEGORY RANGE)
RULE 38 – AGGRAVATING AND MITIGATING FACTORS FOR OFFENCES AGAINST MORALITY ( STEP FOUR AGGRAVATING AND MITIGATING FACTORS)
RULE 39 – POTENTIAL REDUCTION OF SENTENCE (STEP FIVE GUILTY PLEA)
RULE 40 – MULTIPLE OFFENCES, SERVING, CONCURRENT OR CONSECUTIVE SENTENCE (STEP SIX TOTALITY PRINCIPLE)
RULE 41 – COMPENSATION, RESTITUTION AND RESTORATION (STEP SEVEN COMPENSATION, RESTITUTION, RESTORATION AND ANCILLARY ORDERS)
RULE 42 – CONSIDERATION OF PERIOD SPENT IN CUSTODY (STEP EIGHT TIME SPENT IN REMAND)

The period spent in prison custody while awaiting or undergoing trial shall be considered and computed in sentencing the convict in accordance with section 416(2)(e) of the Administration of Criminal Justice Act or any other applicable Laws.

RULE 43 – REASONS FOR SENTENCE (STEP NINE REASONS)

 Rules in ORDER 6 – HOMICIDE RELATED OFFENCES
RULE 44 – DETERMINATION OF STATUTORY EXERCISE OF DISCRETION (STEP ONE DISCRETIONARY AND NON-DISCRETIONARY PUNISHMENT)
RULE 45 – CULPABILITY CATEGORIES FOR OFFENCE OF HOMICIDE (STEP TWO CULPABILITY AND HARM CATEGORIES)
RULE 46 – HARM CATEGORIES FOR OFFENCE OF HOMICIDE
RULE 47 – STARTING POINT AND CATEGORY RANGE (STEP THREE STARTING POINT AND CATEGORY RANGE)
RULE 48 – AGGRAVATING AND MITIGATING FACTORS FOR HOMICIDE RELATED OFFENCES (STEP FOUR AGGRAVATING AND MITIGATING FACTORS)
RULE 49 – POTENTIAL REDUCTION OF SENTENCE (STEP FIVE GUILTY PLEA)
RULE 50 – MULTIPLE OFFENCES, SERVING, CONCURRENT OR CONSECUTIVE SENTENCE(STEP SIX TOTALITY PRINCIPLE)
RULE 51 – COMPENSATION, RESTITUTION AND RESTORATION (STEP SEVEN COMPENSATION, RESTITUTION, RESTORATION AND ANCILLARY ORDERS)
RULE 52 – CONSIDERATION OF PERIOD SPENT IN CUSTODY (STEP EIGHT TIME SPENT IN REMAND)
RULE 53 – REASONS FOR SENTENCE (STEP NINE REASONS)

 Rules in ORDER 7 – OFFENCES AGAINST PROPERTY
RULE 54 – DETERMINATION OF STATUTORY EXERCISE OF DISCRETION (STEP ONE DISCRETIONARY AND NON-DISCRETIONARY PUNISHMENT )
RULE 55 – CULPABILITY CATEGORIES FOR PROPERTY OFFENCES (STEP TWO CULPABILITY AND HARM CATEGORIES )
RULE 56 – HARM CATEGORIES FOR PROPERTY OFFENCES
RULE 57 – STARTING POINT AND CATEGORY RANGE (STEP THREE STARTING POINT AND CATEGORY RANGE)
RULE 58 – AGGRAVATING AND MITIGATING FACTORS FOR PROPERTY OFFENCES (STEP FOUR AGGRAVATING AND MITIGATING FACTORS)
RULE 59 – POTENTIAL REDUCTION OF SENTENCE (STEP FIVE GUILTY PLEA)
RULE 60 – MULTIPLE OFFENCES, SERVING, CONCURRENT OR CONSECUTIVE SENTENCE (STEP SIX TOTALITY PRINCIPLE)
RULE 61 – COMPENSATION, RESTITUTION AND RESTORATION (STEP SEVEN COMPENSATION, RESTITUTION, RESTORATION AND ANCILLARY ORDERS)
RULE 62 – CONSIDERATION OF PERIOD SPENT IN CUSTODY (STEP EIGHT TIME SPENT IN REMAND)
RULE 63 – REASONS FOR SENTENCE (STEP NINE REASONS)

 Rules in ORDER 8 – CORRUPTION AND RELATED OFFENCES
RULE 64 – DETERMINATION OF STATUTORY EXERCISE OF DISCRETION (STEP ONE DISCRETIONARY AND NON-DISCRETIONARY PUNISHMENT )
RULE 65 – CULPABILITY CATEGORIES FOR CORRUPTION AND OTHER RELATED OFFENCES (STEP TWO CULPABILITY AND HARM CATEGORIES)
RULE 66 – HARM CATEGORIES FOR CORRUPTION AND OTHER RELATED OFFENCES
RULE 67 – STARTING POINT AND CATEGORY RANGE (STEP THREE STARTING POINT AND CATEGORY RANGE)
RULE 68 – AGGRAVATING AND MITIGATING FACTORS FOR CORRUPTION AND OTHER RELATED OFFENCES (STEP FOUR AGGRAVATING AND MITIGATING FACTORS )
RULE 69 – POTENTIAL REDUCTION OF SENTENCE (STEP FIVE GUILTY PLEA)
RULE 70 – MULTIPLE OFFENCES, SERVING, CONCURRENT OR CONSECUTIVE SENTENCE (STEP SIX TOTALITY PRINCIPLE)
RULE 71 – COMPENSATION, RESTITUTION AND RESTORATION (STEP SEVEN COMPENSATION, RESTITUTION, RESTORATION AND ANCILLARY ORDERS)
RULE 72 – CONSIDERATION OF PERIOD SPENT IN CUSTODY (STEP EIGHT TIME SPENT IN REMAND)

RULE 73 – REASONS FOR SENTENCE (STEP NINE REASONS)

 Rules in ORDER 9 – GENERAL PROVISIONS
RULE 74 – INTERPRETATION
RULE 75 – CITATION